A private legal practitioner Professor Kwaku Asare has said he shivers whenever he hears well-intentioned people clamoring for the overthrow of the current 1992 Constitution.
Some Ghanaians have described the current constitution as problematic hence should be changed.
For instance, Leader of the Economic Fighters league, Ernesto Yeboah, said that the 1992 constitution is problematic.
He said the document is a tool being used by the leaders of this country to rig and steal from the people of Ghana.
Ernesto Yeboah said these when he was speaking in an interview with TV3’s Komla Adom after the #Fixthecountry demonstration on Wednesday August 4.
He said “We are re-giving birth to Ghana. This is a reborn of Ghana everybody here has answered to the roll call and that is precisely what is happening.
“We are ready to build a new and independent nation, we are ready to commit ourselves to new ways,” he said.
He further accused political leadership of ripping off the nation through constitutional leadership.
“That is why they are stealing and ripping us in broad day light under the guise of the constitutional leadership.
“What we have is not a Constitution, it is a note book for stealing and rigging and plundering the state.”
“Recently, we saw what Article 71 office holders did and we also saw what the same group of people have done for workers in this country in terms of increment in salaries, 4%. So there must be an awakening.”
Reacting to thses calls in a Facook post, Prof Asare said “Because we have had 5 Constitutions since 1957, it is tempting to think that Constitutions are disposable instruments that must be changed every now and then.
“But the reality is that new Constitutions should only come into being after a major political upheaval, such as finding a new country, attaining independence, returning to constitutional normalcy after a military intervention, etc.
“This does not mean existing Constitutions have no shortcomings. Rather, such Constitutions provide a peaceful and orderly path to their amendments and it is that path, and only that path, that must be used to address their shortcomings.
“That is why Act 527 was the proper way to effect the amendments in 1996. That is the rationale for the Constitution (Amendment) Bill 2021.
“Go beyond that path to seek reform, whether by violence or non-violence, and you do violence to the Constitution and the people.
“That is why I have fundamental issues with the transition from the 1957 Constitution to the 1st Republican Constitution, the referendum that outdoored it not withstanding.
“I shiver whenever I hear well-intentioned people clamoring for the overthrow of the current Constitution, which undoubtedly has its fair share of fixable shortcomings.”